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Informal Opinion Number: 940148

Rules: 1.7
Client-Lawyer Relationship
Conflict of Interest: General Rule

QUESTION: Attorney is the attorney for the Juvenile Office. Attorney is in full time private practice in a firm. One member of the firm handles criminal defense cases. Attorney is paid a set annual fee divided into monthly checks. Attorney works on an “as needed” basis for the Juvenile Office. ANSWER: Attorney´s representation of the Juvenile Office on an ongoing basis for an annual fee creates a conflict of interest if Attorney or members of the firm represent defendants in criminal cases. By representing the juvenile officer, Attorney is representing the interests of the state. Therefore, Attorney may not take cases adverse to the state. The nature of the case as civil or criminal is not the determining factor. However, Attorney could represent the juvenile officer on a case by case basis without a blanket disqualification. Historically, situations in which an attorney has been specially appointed for an individual case have been viewed differently.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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